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CITY COUNCIL
Osama Shihadeh
At Large
Dick O'Brien
Mayor
Robert Howard
At Large
Robert Bynum
4
th
Ward
Phil Fitzgerald
1
st
Ward
Dyann Roby
5th Ward
2008 MEETING SCHEDULE
Marie Press
2
nd
Ward
Jerry Lange
3
rd
Ward
(All meetings start at 7:00 PM
unless voted upon by Council.)
Fran Donelson
Administrative Secretary
Harvey Allbee, Jr.
City Attorney
Regular Meetings
In-depth Meetings
A.J. Johnson
City Administrator
January 10 & 17
July 3 & 17
January 10
July 10
February 7 & 21
August 7 & 21
February 14
(None in August)
March 6 & 20
September 4 & 18
March 13
September 11
April 3 & 17
October 2 & 16
April 10
October 9
May 1 & 15
November 6 & 20
May 8
November 13
June 5 & 19
December 4 & 18
June 12
December 11
AGENDA
THURSDAY, MAY 15, 2008
COUNCIL CHAMBERS - CITY HALL
1 .
CALL TO ORDER
2. ROLL CALL
3. OPENING PRAYER
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
6.
MINUTES - APPROVAL
A. City Council Meeting – May 1, 2008
B. May 8, 2008 In-Depth Meeting
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7. CONSENT AGENDA
The following items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Council
Member or citizen so requests, in which event the item will be removed from the Consent
Agenda and considered in its normal sequence from the Agenda.
*
9 – A-D
*
13 – A-G
* Bills*
* Approval of attached Bills for Approval totaling $1,275,473.49 is subject to the
approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Amendment #3 to City Budget for Fiscal Year 2007/2008
Previously City Council took action to establish a public hearing for the proposed
Amendment #3 to the city budget for fiscal year 2007/2008. This proposed third
amendment will increase total budget expenditures for the city by $528,100 with
budget transfers to increase by $268,648 for a total expenditure change of $796,748.
City budgeted revenues were proposed to be amended by $305,548 which includes
$268,648 of funding transfers in. General Fund expenditures and transfers out are
proposed to be amended by $293,100 and General Fund Revenues are proposed to be
amended by $219,800 which includes $180,200 in transfers from the Road Use Tax
Fund and $23,300 in transfers from the Employee Benefit Fund. These proposed
amendments will have the affect of reducing the projected General Fund balance by
$73,300 if other revenues and expenditures are as budgeted. There will also be a
$180,200 decrease in Road Use Tax Fund balances due to the increased snow and ice
and roadway maintenance costs. Prior to any formal action by City Council on the
third proposed budget amendment, a public hearing is required.
Now is the time for the public to comment on the proposed Amendment #3 to the
2007/2008 city budget.
B. Proposed Vacation of Utility Easement in Riverbend First Addition
Previously City Council took action to establish a public hearing on the proposed
vacation of a utility easement in the Riverbend First Addition. The owners of Lots 5
and 6 of the addition have agreed to sell and transfer portions of Lot 5 to James and
Robin Avery, owners of Lot 6. As part of the acquisition, the owner is requesting the
existing utility easement be vacated for development purposes. A new easement has
been prepared adjacent to the new property line between the affected property
owners. The request has been reviewed and approved by all affected utilities. Prior to
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any formal action by City Council, a public hearing is required.
Now is the time for the public to comment on the proposed vacation of a utility
easement in the Riverbend First Addition.
C. Proposed Imposition of Civil Penalties for Cigarette Permit Holders Violating Iowa
Code Chapter 453A
Previously City Council took action to establish a public hearing for the proposed
imposition of civil penalties for cigarette permit holders violating Iowa Code Chapter
453A. At the time when the public hearing was established, three vendors were noted
to be in violation of Iowa Code. Since that time, two vendors have settled leaving one
vendor to present his position at the time of this public hearing. Appropriate public
notices have been sent to those vendors leaving the one complainant to be considered
at this time. The vendor is presented an opportunity for a formal presentation
concerning his or her position on this matter. No public comment will be received at
this time.
9.
PETITIONS AND COMMUNICATIONS
A. Request on first reading for a new Class B Beer and Sunday Sales Permit for Izalco,
825 Oregon Street – Ana Herrera (pending inspections and receipt of dram shop
insurance)
B. Request from Missipi Brewing Company, 107 Iowa Avenue, for extension of their
Outdoor Service Area for May 16-18, 2008, June 27-29, 2008, July 3-6, 2008, and
August 22-24, 2008
C. Request for renewal of a Class LB Liquor License and Sunday Sales Permit for
Holiday Inn Muscatine, 2915 North Highway 61 – Jelms Hotel Company LLC
(pending inspections and receipt of dram shop insurance)
D. Request for renewal of a Class LE Liquor License and Sunday Sales Permit for Wal-
Mart Supercenter #559, 3003 North Highway 61 – Wal-Mart Stores Inc.
E. Request from Zion Lutheran Church for Use of City Property for Block Party
Presented for City Council’s consideration is a request from Zion Lutheran Church
for the use of city property for their neighborhood block party. The city has received
a request from the church to utilize approximately half a block of Sycamore Street
between the alley and 6
th
Street for their annual block party. This event will be for
June 11, 2008 between 5 p.m. and 7 p.m. City staff has reviewed this request and has
no objections at this time.
Is there a motion to approve the request from the Zion Lutheran Church for the use of
a half block of Sycamore Street between 6
th
Street and the alley for their annual block
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party?
F. Request from Tailgaters for Use of City Property to Serve Lunches
Presented for City Council’s consideration is a request from Tailgaters to allow
lunches to be served on the sidewalk in front of their building. This experiment would
run from June 8, 2008 through September 8, 2008 and would be from 11 a.m. to 2
p.m. Tables would be set back from the edge of the curb to allow access by
pedestrians and will be delineated by a rope or small chained off area. If Council is so
inclined to grant the use of city sidewalks for this purpose, it should be on the
condition that alterations and changes as required by the city are made in order to
ensure public safety.
Is there a motion to approve the request from Tailgaters for the use of city property to
serve lunches from June 8, 2008 through September 8, 2008 from 11 a.m. to 2 p.m.?
10.
FROM THE MAYOR
A. Proclamation Declaring June 10-19, 2008 as “National Nursing Assistant’s Week”
B. Proclamation Declaring May 23-24, 2008 as “Poppy Days”
Is there a motion to approve the proclamations as submitted?
11.
FROM THE PLANNING AND ZONING COMMISSION
12.
FROM THE CITY ADMINISTRATOR
A. Resolution Approving Amendment #3 to the Fiscal Year 2007/2008 City Budget
Presented for City Council’s consideration is a resolution approving Amendment #3
to the fiscal year 2007/2008 city budget. Previously a public hearing was scheduled to
receive comments on the proposed Amendment #3 to the fiscal year 2007/2008
budget. This proposed third amendment will increase total budget expenditures for
the city by $528,100 with budget transfers to increase by $268,648 for a total
expenditure change of $796,748. City budgeted revenues were proposed to be
amended by $305,548 which includes $268,648 of funding transfers in. General Fund
expenditures and transfers out are proposed to be amended by $293,100 and General
Fund Revenues are proposed to be amended by $219,800 which includes $180,200 in
transfers from the Road Use Tax Fund and $23,300 in transfers from the Employee
Benefit Fund. These proposed amendments will have the affect of reducing the
projected General Fund balance by $73,300 if other revenues and expenditures are as
budgeted. There will also be decrease of $180,200 in Road Use Tax Fund balances
due to the increased snow and ice and roadway maintenance costs.
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Is there a motion to adopt the resolution approving Amendment #3 to the 2007/2008
city budget?
B. Resolution Approving Utility Easement in Riverbend First Addition
Presented for City Council’s consideration is a resolution approving a utility
easement in the Riverbend First Addition. Previously a public hearing was held to
consider the vacation of an existing utility easement between Lots 4 and 5 and Lots 5
and 6 in the Riverbend First Addition. As part of the acquisition, the owner is
requesting that the existing utility easement be vacated. A new easement has been
prepared and reviewed by all affected utilities.
Is there a motion to adopt the resolution approving the vacation of a utility easement
in the Riverbend First Addition?
C. Resolution Approving the Order Assessing a Civil Penalty with Regard to Cigarette
Permit Holder’s Violating Iowa Code 453A.2
Presented for City Council’s consideration is a resolution approving the order
assessing a civil penalty with regard to cigarette permit holders violating Iowa Code
453A.2. Previously a public hearing was held to receive comment from the violator of
the state chapter provision concerning this issue. Following those comments, if any,
the City Council now is in the position to approve an order assessing a civil penalty
with regard to the cigarette permit holder’s violation of Iowa Code 453A.2.
Is there a motion to take action by resolution approving the order assessing a civil
penalty with regard to a cigarette permit holder violating Iowa Code 453A.2?
D. Resolution Authorizing and Approving a Loan Agreement and Providing for the
Issuance of $5,120,000 General Obligation Corporate Purpose Bonds, Series 2008A,
and Providing for the Levy of Taxes to Pay Same
Presented for City Council’s consideration is a resolution authorizing and approving a
loan agreement and providing for the issuance of $5,120,000 in general obligation
corporate purpose bonds, Series 2008A, and providing for the levy of taxes to pay
same. At the May 1
st
City Council meeting, the City Council adopted a resolution
awarding a loan agreement for the $5,120,000 of General Obligation Corporate
Purpose Bonds, Series 2008A, to M&I Bank of Milwaukee, Wisconsin. The issuance
of G.O. bonds will cover expenses the city has incurred for recently completed
projects or projects that are due to be completed soon.
Is there a motion to adopt the resolution authorizing and approving a loan agreement
with M&I Bank of Milwaukee, Wisconsin, and providing for the issuance of
$5,120,000 General Obligation Corporate Purpose Bonds, Series 2008A, and
providing for the levy of taxes to pay same?
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E. Resolution Authorizing and Approving a Loan Agreement and Providing for the
Issuance of $6,560,000 General Obligation Refunding Bonds, Series 2008B, and
Providing for the Levy of Taxes to Pay Same
Presented for City Council’s consideration is a resolution authorizing and approving a
loan agreement for the issuance of $6,560,000 in General Obligation Refunding
Bonds, Series 2008B. On May 1
st
the City Council accepted bids for the issuance of
$6,560,000 for refunding purposes from M&I Bank of Milwaukee, Wisconsin. The
city is able to refund existing debt and to issue new debt at a lower interest rate
thereby saving the affected funds total interest costs for the project. The original
expiration dates will remain the same as the original issuance. The estimated savings
in interest costs alone will be approximately $300,000.
Is there a motion to adopt the resolution authorizing and approving a loan agreement
with M&I Bank of Milwaukee, Wisconsin, and providing for the issuance of
$6,560,000 General Obligation Refunding Bonds, Series 2008B and providing for the
levy of taxes to pay the same?
F. Resolution Approving the Contract and Bond for the 2008 Curb and Gutter and Street
Maintenance Program
Presented for City Council’s consideration is a resolution approving the contract and
bond for the 2008 Curb and Gutter and Street Maintenance Program. Previously City
Council took action to approve the bid submitted by BMW Builders LLC of
Muscatine in the amount of $144,359.07 for this project. The appropriate bond and
contract information have been supplied and approved by city staff at this time.
Is there a motion to adopt the resolution approving the contract and bond for the 2008
Curb and Gutter and Street Maintenance Program from BMW Builders in the amount
of$144,359.07?
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G. Resolution Changing the Name of the Right-of-Way within Burnside 2nd Addition to
Burnside Drive
Presented for City Council’s consideration is a resolution changing the name of the
right-of-way with Burnside 2
nd
Addition to Burnside Drive. City staff has been
working with the Muscatine County Auditor’s Office to correct some plat maps that
have changed over a period of years. Original plats show that Burnside Drive is
shown as Knight Avenue. The city officially changed the name in the 1960’s;
however, there was no official documentation of that change. In order to update all of
the appropriate documents, it is appropriate for Council to take this formal action at
this time.
Is there a motion to adopt the resolution changing the name of the right-of-way within
Burnside 2
nd
Addition to Burnside Drive?
H. Request Approving the Project Cooperation Agreement Between the City of
Muscatine and the Corps of Engineers for the Mad Creek Levee Project
Presented for City Council’s consideration is a request to approve the Project
Cooperation Agreement between the City of Muscatine and the Army Corps of
Engineers for the Mad Creek Levee Project. Previously city staff as well as
representatives of the Army Corps of Engineers provided overviews of the project
and the PCA to City Council. A PCA is the next necessary step that must be taken for
the city to formalize an agreement between the City of Muscatine and the Army
Corps of Engineers for the improvements on Mad Creek. Once the PCA has been
approved, the city will be able to move forward to finalize land acquisition and other
related activities associated with this project. The Corps of Engineers will then
complete the design work and prepare documents for review and bidding later this
calendar year. This document legally commits the City of Muscatine to the Mad
Creek Improvement Project.
Is there a motion to approve the Project Cooperation Agreement between the City of
Muscatine and the Army Corps of Engineers for the Mad Creek Levee Project?
I. Request to Declare Property as Surplus
Presented for City Council’s consideration is a request to declare property as surplus.
The Water Pollution Control Plant has a fuel tank and pump budgeted to be replaced
the next fiscal year. The current tank is a 10,000 tank and is approximately 30 years
old. There are no other uses for the tank within the city at this time. It is staff’s
recommendation to declare the property as surplus and offer it for sale.
Is there a motion to approve the request to declare a fuel tank and pump from the
WPCP as surplus and authorize the advertising for its sale?
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J. Request Approval of EMS Service Billing Manager Position
Presented for City Council’s consideration is a request to approve an EMS Billing
Service Manager position. Presented at last week’s in-depth meeting was an
explanation of a proposal to alter the current EMS Coordinator position to that of an
EMS Service Billing Manager position within the city’s ambulance operation. This
position would be responsible for the processing of all bills associated with the
ambulance operation. This is included but not limited to requests for payments for
Medicare and Medicaid reimbursement, insurance reimbursement, and other billing
activities. Based upon the actual dollars spent for this service at this time, it is staff’s
estimate and recommendation that an internal position would be more cost effective
for the city to pursue.
Is there a motion to approve the establishment of the EMS Service Billing Manager
position for the City of Muscatine?
K. Resolution Approving FAA Agreement for Snow Removal Equipment for the
Municipal Airport
Presented for City Council’s consideration is a resolution approving the grant
agreement to acquire snow removal equipment for the municipal airport. City staff is
currently awaiting confirmation from the FAA concerning the recently solicited
proposals for snow removal equipment at the municipal airport. If approved by the
FAA, this matter will be presented to City Council for their consideration and
approval at Thursday night’s meeting. If documentation is not presented prior to
Thursday night’s meeting, this item will be deleted.
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – April 21 & 28, 2008
B. Board of Water, Electric, and Communications Trustees – March 31, 2008
C. Planning and Zoning – April 8, 2008
D. MP&W – Communications Utility – March 2008
E. MP&W – Electric Utility – March 2008
F. MP&W – Water Utility – March 2008
G. NFPA Survey – April 2008
14.
APPROVAL OF BILLS
It is recommended bills totaling $1,275,473.49 be approved and that the City Council
authorize the Mayor and City Clerk to issue warrants for the same. It should be noted that
this listing is subject to the approval of any related agenda item(s).
15.
COMMUNICATIONS - COUNCIL MEMBERS
16.
OTHER BUSINESS
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A. Request to go into Closed Session to discuss labor negotiation strategies
17. ADJOURNMENT